Mozilla, Skype support EFF's case for iPhone jailbreaking

In a filling with the US Copyright Office, Mozilla and Skype have added their voices of support to a request by the Electronic Frontier Foundation for an exemption to the Digital Millennium Copyright Act related to iPhone jailbreaking.

The exemption would strip Apple of its ability to charge groups with DMCA violations for circumventing the iPhone's security by modifying Apple's internal iPhone software, as long as they did it under the cover of "enabling interoperability," according to the exemption wording proposed by the EFF.

The jailbreak arguments

Users can already bypass Apple's security system by jailbreaking their iPhones using freely available software. This allows the users to run software that Apple does not allow in its App Store. It also allows users to bootleg pirated iPhone software, strips the iPhone of any functional protection from malware, and complicates Apple's ability to release software updates, as the modified firmware on jailbroken phones can result in failed software updates that render the phone unreliable or even unusable until it is restored back to factory default settings.

Speaking for the EFF, Fred von Lohmann has called Apple's argument against the exemption "FUD," "corporate paternalism," and "absurdity." Apple's fillings say the EFF's new exemption request is unnecessary, as the DMCA already has provisions that allow circumvention to enable interoperability. It also claims the EFF is merely trying to use the courts to attack its unique business model, and that the EFF does not present any evidence to back up its claims that legitimizing jailbreaking would result in increased innovation.

Few software companies offer iPhone titles that require jailbreaking, in part because of the grey area under the shadow of threat of a DMCA violation charge from Apple, and in part because of the lack of any profit motive behind distributing software outside of the App Store, where Apple's DRM creates a viable market for mobile software. For developers who can't sell their titles in the App Store, it's an entirely different story however.

Mozilla wants freedom, but won't go on the iPhone

Mozilla insists that Apple would probably not allow it to offer a mobile version of Firefox for the iPhone, based on its reading of the iPhone SDK, which forbids the installation of alternative runtimes. It has neither submitted Firefox nor has it been officially denied a listing by Apple.

A Computerworldreport filed by Gregg Keizer quoted Mozilla's CEO, John Lilly, as saying, "The [iPhone] SDK is very clear, that Flash and Firefox and other runtimes are not welcome on the iPhone." However, the report also noted that Lilly "said he doubts Mozilla would venture into the iPhone even if the Copyright Office grants the DMCA exemption over jailbreaking."

Mozilla's mobile version of Firefox, called Fennec, aims to compete against mobile browsers based on Web Kit, including Apple's Mobile Safari and web browsers developed by Nokia, Google for Android, Palm for its upcoming Pre, and RIM for the BlackBerry Storm.

Apple claims in its filing with the Copyright Office that alternative apps which compete with Apple's own software are allowed as long as they meet the other requirements of the SDK. It even specifically cites web browsers; the App Store reveals a handful of alternative web browsers that are already available for download. Most appear to be alternative interfaces to Safari which use the WebKit rendering engine, but at least one appears to use its own.

Skype's missed connection

Skype, which is owned by eBay, a prominent early adopter in iPhone software development, also joined in to endorse the EFF's exemption request, stating "copyright law should not interfere with a user using his or her phone to run Skype and enjoy the benefits of low- or no-cost long-distance and international calling."

However, Apple does not prevent VoIP applications on the iPhone, as long as they use WiFi. The App Store lists a variety of VoIP apps, but Skype currently does not offer an iPhone version of its software.

Unclear intent

If allowed, the EFF's exemption might make it easier for companies that want to offer an alternative to the App Store, including the jailbreak software download tool Cydia, which also filed a comment supporting the EFF's proposal.

The DMCA exemption would not stop Apple from filing a copyright infringement case against groups who modify and distribute its software however. The DMCA only relates to the circumvention of security measures that control access to copyright material. Bypassing security doesn't remove copyright. It also doesn't invalidate Apple's software license or SDK, both of which forbid modifying Apple's internal software. A DMCA exemption would only make it far more difficult for Apple to pursue known pirates.

Apple hasn't yet filed or even threatened to file DMCA complaints against any groups or individuals involved in jailbreaking. Instead, the company has focused on making the App Store attractive enough to render jailbreaking superfluous and irrelevant to most users. Since the release of the iPhone 2.0 SDK, interest in jailbreaking has waned considerably.

The company still opposes the EFF's efforts to legitimize jailbreaking, as it would tear down a barrier to copyright infringement, encourage users to dismantle the malware security measures of the iPhone, expose the company to additional support costs from jailbreakers complaining about having "bricked" their iPhones, and erode the commercial success of the App Store, which was built upon the premise that DRM would allow developers to offer apps at low prices in exchange for a high volume, low piracy marketplace.

They call it 'Jailbreaking' but thats just another way of saying 'HACK'

So basically a group wants it to be legal to hack a companies product to enable then to run their own programs and effectively open the door to piracy.

Maybe the EFF should start a case for Sony and Microsoft to make it legal to hack both of their consoles so you can run your own software on them (like backups from torrents).

Apple provides an App store which currently serves over 20,000 applications so its not like they are preventing people from getting their apps out there. As the app store grows and any vulnerabilities on the iPhone OS are worked out the limitations of the SDK will be reduced. We have already seen this with certain Apps which were previously refused but have since been allowed onto the store.

As with any technology you always get a group of so called L33t hackers who think its their god given right to do whatever they want with someone elses product and business. Infact these hackers are simply leeches who provide the gateway for pirates and counterfeiters to abuse products and services.

Precisely, as said above. Although this is inevitable, that these bad boy l33tz will crack any new product, demanding that they do so lawfully is laughable, i stand by Apple to do everything they can to maintain that doing so is unlawful, they designed it the way it is meant to be, if you don't like it don't buy it!

I can't jailbreak the unix server at my office. And I can't jailbreak my way to see a database table that I'm not granted the permissions to see. Why don't Apple just secure the system? At some point in the jailbreaking process, the jailbreaking software must be getting a legitimate login to do its work, right?

Regardless of the jailbreaking debate, we all benefit from better security.

One of the biggest attractions to the iPhone IS because you can't easily pirate software on it. Why should we make it easy for people to then circumvent the system that allows developers to actually make money? This has fostered a whole new era of indie developers who don't have to be working through some uncaring conglomerate company to make a living. That's freedom.

Yup, its ridiculous, to me this could cause pirated apps. Imagine how a $1 developer app end up in torrent site and everyone end up downloading it? That would kill small developer motivation to create apps for the iPhone.

2. skype is basically for using your computer to make contact with a phone on the other side, yes. but with an iphone you have to buy phone service anyway. so why would someone risk killing their iphone to get a program that is going to use wifi to make a call when they have to have phone service. is calling an international number really that expensive.

3. most of the companies that you to hack your phone/touch are so because they were too lazy to try to figure out the official installer. there are only a few practical exceptions like qik which will hopefully be out of business soon and apple will have short video recording on the phone (like my epson still cam has)

4. for the conspiracy nuts: anyone else think this is a ploy by apple to encourage folks to jailbreak, which is a violation of your warranty and then you have to buy another phone. and ATT won't give you that $200 again so they make more as well.

Skype, which is owned by eBay, a prominent early adopter in iPhone software development, also joined in to endorse the EFF's exemption request, stating "copyright law should not interfere with a user using his or her phone to run Skype and enjoy the benefits of low- or no-cost long-distance and international calling."

However, Apple does not prevent VoIP applications on the iPhone, as long as they use WiFi. The App Store lists a variety of VoIP apps, but Skype currently does not offer an iPhone version of its software.

You can even use Skype on your iPhone - you just have to install Fring, a free download from the AppStore - so someone at Skype must have smoked a funny cigarette or being handed the divorce papers.